测谎意见的证据能力研究

Research on the Evidence Ability of Lie Detection Opinion

摘要: 从世界范围来看，对测谎意见的本质属性认定有两种看法：一为供述说；二为非供述说。采取前者看法的法院一般排除测谎意见的证据适用，采取后者看法的法院一般将测换意见作为鉴定报告而采纳。虽然测谎意见在我国司法实践中已被很多法院采纳，但其在我国一直未取得证据地位。对测谎意见的证据特征属性进行分析之后，采非供述说更为合理。结合我国司法实践早于立法的现状，应尽快推进立法，对测谎意见的适用再以规制，更好地促进其发展。

Abstract: From the perspective of the world, there are two views on the nature of lie detection opinions: one is confession; the other is non confession. The court that adopts the former view generally excludes the application of the evidence of the lie detection opinion, while the court that adopts the latter view generally adopts the exchange opinion as the appraisal report. Although the lie detection opinion has been adopted by many courts in China’s judicial practice, it has not obtained evidence status in China. After analyzing the evidence characteristic attribute of lie detection opinion, it is more reasonable to adopt non confession. According to the current situation that the judicial practice of our country is earlier than the legislation, we should promote the legislation as soon as possible, and then regulate the application of lie detection opinion, so as to promote its develop-ment better.